From the Ontario Environmental Bill of Rights Registry (EBRR)

Ken McRae reports – December 2006:

There is a “Notice” posting on the Ontario Ministry of the Environment’s (MOE) Environmental Bill of Rights Registry (EBRR) regarding the Ontario Ministry of Natural Resources (MNR) consideration of a “Discussion Paper – A Proposed Modelling and Scenario-based Approach for Identifying Natural Heritage Systems in Southern Ontario”. A copy of that posting is copied and pasted below.

The final “Modelling and Scenario-based Approach for Identifying Natural Heritage Systems in Southern Ontario” may have an impact on the review that MNR is to carry out in 2007 of its “Ontario Wetlands Evaluation System” (OWES) manual for Southern Ontario. I’ve been previously told that a posting will be put on the EBRR in January for that review.

The “Modelling and Scenario-based Approach for Identifying Natural Heritage Systems in Southern Ontario” will likely have an influence on the criteria used in the OWES to determine what a wetland is, and which wetlands qualify for being designated “Provincially Significant” or “Significant”, as the two should be consistent with one another.

Only “Significant” wetlands in parts of the province are given limited, far short of what is needed, protection under the province’s “Provincial Policy Statement” (PPS). There are groups of rural landowners, developers, and some municipal governments, who want MNR’s criteria for determining what lands qualify as being a “wetland” and what wetlands qualify to be designated “Provincially Significant” or “Significant” severely weakened. They don’t want wetlands on their properties to be protected from development. It is therefore important that MNR’s criteria for identifying wetlands and determining which ones are “Provincially Significant” or “Significant” remains scientifically based, not politically based, nor based upon short-sighted economic gains.

Therefore, please read the posting below and its linked materials and consider submitting comments. The deadline for submitting comments is Dec. 22nd.

This notice is for your information. The Environmental Bill of Rights does not require this notice to be placed on the Environmental Registry, however, section 6 of the Act does allow the Environmental Registry to be used to share information about the environment with the public.

Further Specific Explanation:

This discussion paper is being posted as an information notice with an invitation for public comment. The discussion paper outlines a proposed spatial modelling tool under development and testing by the Ministry of Natural Resources (MNR) with participation of technical experts. In addition to the participation of technical experts, MNR would like to give members of the public an opportunity to comment on the matter.

Short Description:

Under the Natural Spaces program, the Ministry of Natural Resources (MNR) is developing and testing an approach for identifying landscape scale natural heritage systems for southern Ontario. This is the first step in development of science-based, replicable guidelines and tools that will be made available, on a voluntary basis, to municipalities, conservation authorities and other organizations with an interest in conservation, restoration and stewardship of natural heritage. This approach and resulting products will provide the MNR and other conservation agencies with information useful in setting strategic priorities for restoration, conservation and partnership activities on the landscape. The approach and its products will also be made available to municipalities as a voluntary tool to help them meet the policy requirements under the Provincial Policy Statement, 2005. The discussion paper (web link below) describes a process – the Natural Spaces proposed approach – under development and testing by MNR with the participation of technical experts from other ministries, municipalities, conservation authorities and conservation/stewardship organizations. The approach and resulting tools will provide guidance to the MNR for its stewardship and acquisition programs.

Purpose of the Notice:

The purpose of this notice is to inform the public of this work and to invite comments regarding the proposed approach described in the discussion paper.

Decision:

This notice will be updated as new information becomes available.

Other Relevant Information:

The web-links which appear towards the bottom of this notice provide the following additional information about this notice.

On August 3, 2005, MNR launched the Natural Spaces program, an initiative designed to combat the loss of natural greenspace in southern Ontario. It was announced that as part of this effort MNR would work with partners on identifying and conserving natural heritage systems helps to sustain healthy and diverse ecosystems over the long term (see Environmental Registry notice XB05E6808).

Natural Spaces Leadership Alliance has participated in development of proposed approach and through the Alliance, experts from a cross section of agencies have been working with the MNR on the development of the approach. As the approach is developed and pilot tested in two eco-districts, workshops will be held with local experts to review the initial results and to gain local refinement of objectives, targets and data. Results of the pilot projects will contribute to updates to this Environmental Registry posting. The approach and products may be part of future public information sessions associated with the roll out of the Growth Plan by MPIR or by municipalities utilizing this tool as a support to their individual municipal land use planning efforts.

A “Policy” “Proposal” was posted Jan. 9, 2007 on the MOE EBRR website regarding a “Guideline to Assist MNR Staff in the Review of Wind Power Proposals: Potential Impacts to Birds and Bird Habitats”. The public comment period ends April 9, 2007. A copy of the posting can be viewed by clicking on this web link: http://www.ene.gov.on.ca/envregistry/029108ep.htm

A “Proposal” was posted on the MOE EBRR website Jan. 2, 2007 regarding a “Discussion document for the development of a regulation on source protection committees, made under the Clean Water Act, 2006.” The comment period for this proposed policy ends Feb. 1, 2007. This “Proposal” can be viewed by clicking on the web link below. http://www.ene.gov.on.ca/envregistry/028781ep.htm

A “Decision” was posted on the EBRR on Dec. 29th, 2006 regarding a “2006 Amendment of the Management Strategy for Double-crested Cormorants at Presquile Provincial Park. That “Decision” can be viewed by clicking on the web link below. The 56 comments MNR received resulted in no changes to the MNR proposed amendment. http://www.ene.gov.on.ca/envregistry/028781ep.htm

A regulation “Proposal” was posted on the EBRR on Dec. 21, 2006 regarding “The Ministry of the Environment (MOE) is proposing to develop a regulation under the Environmental Protection Act to ban the incineration of tires, for a 24 month period, possibly starting in the spring of 2007. The ban could be extended to 36 months if sufficient information is not available within the 24-month period. The proposed ban will not apply to any facility with approval to incinerate tires issued before the ban is in effect.” The comment period on this “Proposal” ends on Feb. 4, 2007. This posting can be viewed by clicking on this link: http://www.ene.gov.on.ca/envregistry/029090er.htm.

Related to the above incineration of tires, a “Decision” was posted on the EBRR on Dec. 21, 2006 notifying the public that MOE has issued an “Approval for a waste disposal site” under Section 27 of the Environmental Protection Act, to Lafarge Canada Inc.’s Bath (near Kingston) cement making plant allowing it to burn tires, non-recyclable plastics, animal bone meal, pelletized non-hazardous municipal waste, and other materials to power the cement making plant. A copy of that “Decision” posting can be viewed by clicking on this link: http://www.ene.gov.on.ca/envregistry/022149ei.htm.

“MNR is undertaking a review of the Endangered Species Act to encourage, facilitate, and strengthen the conservation, protection and recovery of species at risk and their associated habitats.” A “Proposal” was posted on the EBRR on Dec. 22nd, 2006 regarding the MNR review of the Act. The public comment period ends on Jan. 22nd, 2007. A copy of this “Proposal posting can be viewed by clicking on this link: http://www.ene.gov.on.ca/envregistry/027695ea.htm

August 17, 2007:

The Ontario Ministry of the Environment published two proposed Codes of Practice on the EBR web site (EBR Registry Number: 010-1259) at http://www.ebr.gov.on.ca

The deadline for comments is October 16, 2007. Comments must be directed to:

The Code of Practice: Preparing and Reviewing Environmental Assessments in Ontario sets out the ministry’s expectations for the content of an environmental assessment under 6.1 (2) of the Environmental Assessment Act. It also sets out the roles and responsibilities for all participants in the environmental assessment process.

The Code of Practice: Preparing, Reviewing and Using Class Environmental Assessments in Ontario sets out the ministry’s expectations for the content of a “parent” class environmental assessment under 14 (2) of the Environmental Assessment Act. It also sets out the roles and responsibilities for all participants in the class environmental assessment process. In addition, there is a separate section on using the class environmental assessment process at the project stage and provides guidance to the public on how to navigate the class environmental assessment process for a particular project.

Direct link to the documents: [Archivist’s note: These documents are archived on the EBR site. Contact the Ministry to obtain a copy.]

The Code of Practice: Preparing and Reviewing Environmental Assessments in Ontario (65 pp.)